Surprise: Drug-test vote nixed by technicality, DA says

Wednesday

Nov 26, 2008 at 6:09 PMNov 26, 2008 at 6:10 PM

THIBODAUX – Lafourche Parish Councilman Lindel Toups celebrated victory Tuesday night when his peers narrowly passed his resolution of support for statewide drug tests of anyone relying on government dollars.But he was a bit premature.The council's legal advisor, Lafourche Parish District Attorney Cam Morvant, wrote a letter to council members today stating the 4-3 vote was not enough to pass the resolution due to a technicality in the parish's Home Rule Charter.Morvant said the Home Rule Charter, a local set of bylaws, requires a minimum of five votes to pass any ordinance or resolution. But it only received four, a simple majority of council members present."It has to pass by a majority vote. It's not the majority of the people there, it's a majority of the council," Morvant said. "Only a motion can be passed by a majority of members present."The measure received a 4-3 vote with two council members absent.For details, read Thursday's Daily Comet or Courier or check back here at dailycomet.com or houmatoday.com after 8 a.m.